12 posts in this topic

Thanks for responding everyone! It's nice having someone to talk to about all this.

I'm currently waiting for my c file. The FOIA said it won't be until Nov-March before I get it though. That's a good story about your friend and the Ireland offer. I could see myself making that same gesture, that's a big award. And well earned! 

I don't think the IMOs I submitted have the key words and phrases that the VA is looking for. I didn't find this website until after I turned everything in, so I didn't have a template for them to go off of. Here's a few quotes from my IMOs for those who don't want to wade through all that material:

"It is my opinion that he does meet criteria for diagnosis of bipolar 1 disorder and that stress associated with his circumstances within the military may very well have contributed to expression of symptoms associated with this condition." - VA Psychologist IMO (written after she went into private practice)

"I see little evidence of borderline personality disorder. His mental health conditions that expressed themselves at the end of his enlistment...were the early manifestations of bipolar 1 disorder, exacerbated by his armed services conditions." - current non-VA  Psychologist

"That [borderline personality disorder] is clearly not his behavior pattern, and in retrospect, his symptoms at that time were the onset of what is now clear as bipolar disorder." VA Psychiatrist Progress Notes

I opted for the DRO review. I have not received a fiduciary appointment letter. I actually had a sleep study done for my insomnia and they said there's no sleep apnea. I did the CBT for insomnia and it helped some, but I think my insomnia is mostly related to my bipolar.

I signed up for eBenefits and discovered something about my depression diagnosis. It says that I have "depression (38 USC Section 1702) Active Psychosis/GW Mental". I've been looking into it and my understanding is that since I was diagnosed with depression within 2 yrs of my discharge then the VA will recognize it as service connected in so far as they will provide treatment, but not compensation. Is that correct? Considering depression is part of bipolar, isn't it common sense to connect the dots and say that my bipolar is 38 USC Section 1702 Active Psychosis/GW Mental? Will having this 38 USC Section 1702 Active Psychosis/GW Mental help my case?

 

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I went through my in-service medical records and found 3 instances where the Navy docs were considering bipolar disorder and anxiety disorder vs personality disorder. Attached is a screenshot of one of those. Is that a nexus? Since my discharge I have been diagnosed with both bipolar disorder and anxiety disorder, so is the fact that they were considering those diagnoses at the time considered a nexus? I've been trying to figure out what "nexus" is/means in my case. Thanks for your input.

 

 

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I'm still waiting for my c-file, so I don't know what exactly is in it. But this section in my C&P exam leads me to believe that it says I had a mood disorder diagnosis from 11/06 - 03/07. If so, that's a great thing for me. But how it's worded leaves me unsure what exactly is being said. Will someone tell me what you think the examiner is saying?

 

 

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BLA, are you waiting on a DRO Review or DRO Hearing? Be sure you have forwarded to the VA Rating Dept, the Mandatory N & Material Evidence that was not in your C-File and available to the original Rater's Review.

With a DRO Review, failure to provide the N & M Evidence will result in a "Rubber Stamp" Administrative Denial of your NOD.

Semper Fi

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I'm waiting for a DRO review. I submitted letters from my doctors, is that considered new and material evidence? I'm waiting for my c-file so I can have a more comprehensive IMO written up.

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Any Medical Evidence that was not available to the original Rater for Review, was not in your C-File and considered "EOR" Evidence of Record, would be considered New & Material, thus satisfying the mandatory Submission of same.

If in fact, unbeknownst to you these same SMR Records were review by the original Rater, you could get an Administrative DRO Denial for Failure to provide the required N & M Evidence. There be the problem with a DRO Review, you won't know until you get the DRO Decision (4-6+ mos after the Review) and possible/probable SOC (Statement of Case) is included discussing the continued Denial.

You could immediately file an "Official Request for an Informal DRO Evidence Conference." If you have the "IDEC" before the actual Review, you'd know if what you submitted had been reviewed before. DRO's can Award at an "IDEC!"   

Semper Fi

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